BJS Preparation Series. The Code of Civil Procedure, 1908.
Question: 1. Is the rejection of a plaint decree? Give reasons for your answer.
Answer:
Yes, the rejection of
a plaint is a decree-Section 2(2) of Code of Civil Procedure, 1908.
Reasons: This question is based on Section 2(2)
of Code of Civil Procedure, 1908 which gives the definition of the word
'Decree'.
The
relevant part of Section 2(2) of Code of Civil Procedure, 1908 on which this
question is based states that the term decree shall be deemed to include
rejection of a plaint also.
Thus,
in view of the relevant provision made in Section 2(2), it is clear that
'Rejection of a plaint' is by fiction of law a decree and not merely an order.
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